Kerala High Court Summons Officials Over Failure to Take Possession of Churches

The Kerala High Court has summoned state authorities, including district collectors, the Chief Secretary, and senior police officials, for failing to comply with an order to take possession of six churches involved in the longstanding dispute between the Orthodox and Jacobite factions of the Malankara Christian community. The case, [Fr KK Mathews v Rev Fr CK Issac Cor Episcopa and connected cases], stems from a rivalry over administrative rights of various churches in Kerala. In 2017, the Supreme Court, in the KS Varghese v. St. Peter’s and Paul’s Syrian Orthodox Church case, ruled in favor of the Orthodox faction, upholding the 1934 Constitution governing the Malankara Church. Despite this ruling, the Orthodox faction claims that the judgment has not been fully implemented. In response to petitions, the Kerala High Court in 2022 ordered that Orthodox members be allowed to conduct religious services in certain disputed churches, but Jacobite parishioners obstructed their access. State officials informed the court that efforts to enforce the order were met with protests, including by elderly Jacobite parishioners, and further intervention could result in loss of life. Condemning this disregard for its 2022 orders, the Court in August 2024 directed the district collectors of Ernakulam and Palakkad to take possession of the six churches. When this directive was challenged by both the State and Jacobite Christians, the appeals were dismissed by a Division Bench, which upheld the single-judge’s order as necessary to enforce compliance. The High Court has now scheduled a contempt hearing for November 8, where the officials will be required to appear in person for the framing of charges. Senior Advocate S Sreekumar, representing the Orthodox faction, and Senior Advocate K Ramkumar, representing the Jacobite faction, appeared alongside other legal representatives for both sides.